Representing Healthcare Facilities and Healthcare Professionals in CON, Licensure, and Certification Matters

Wise Carter’s healthcare attorneys, on behalf of both healthcare facilities and healthcare professionals, represent clients in the administrative arenas of Certificate of Need (CON) and licensure and certification matters.

Wise Carter’s Valuable Relationships

Having represented facilities and individuals for many years before the Board of Health and Mississippi State Department of Health, our attorneys have developed valuable relationships with the administrative personnel who are heavily involved in the promulgation and implementation of the policies and procedures affecting the State’s healthcare providers. The Mississippi agencies involved in regulating these areas include the:

• State Board of Health (Board of Health)
• Mississippi State Department of Health (MSDH), which encompasses divisions that regulate issues involving CON, state facility licensure, Medicaid and Medicare facility certification, and radiological health
• Mississippi State Board of Medical Licensure (Board of Medical Licensure)
• Mississippi Board of Nursing (Board of Nursing)
• Mississippi State Board of Dentistry
• Mississippi Board of Pharmacy
• Mississippi State Board of Physical Therapy
• Mississippi Board of Psychology

Wise Carter’s CON and Licensure Services

Certificates of Need Matters

Our representation in CON matters includes, for example, the drafting of applications for:

• Projects or services that require a CON
• Determinations of non-reviewability
• Extensions of existing CONs

We represent our clients in defense of CON applications from the drafting of the application for a CON-required project to the defense of that application before administrative law judges and appeals courts when the applications are opposed. Also, as appropriate, we represent clients who oppose CON-required projects that may have an adverse impact on them.

Healthcare Facility Licensure

In facility licensure and certification matters, we regularly assist our healthcare clients in acquiring necessary licenses and certifications as well as maintain and renew their licenses and certifications.

Wise Carter carefully monitors legislative changes to to CON laws as well as proposed changes to board rules and regulations.

Representation for Individual Healthcare Professionals

We also represent healthcare professionals, including physicians, psychologists, dentists, physical therapists, nurses and pharmacists before the state boards that regulate them, including assisting in matters involving licensure and professional discipline.

This representation often requires advocacy for a client who must appear before the applicable board where the board’s decision can have significant consequences for the individual. In the event a board’s decision requires an appeal, we counsel and zealously represent the client through the appeal process.

Monitoring CON and Licensure Regulatory Changes

State Legislative Matters

Our focus on advocating for our clients includes monitoring and assisting clients with respect to modifications to the Mississippi State Health Plan. This includes the rules, regulations and procedures governing CON-required projects and the licensing of such projects.

Because the State’s legislature considers changes to the CON law each year, we carefully monitor bills and, as appropriate, keep our clients informed about those legislative matters.

Medical Board Regulations and Administrative Rules

We also monitor proposed changes to the regulations and administrative rules promulgated by state boards. We represent clients and client groups in challenging proposed regulations and administrative rules that adversely affect those clients and their existing businesses.

Contact Wise Carter’s CON and Licensure Group

For more information on Wise Carter’s services and experience in Certificate of Need and Licensure, please contact one of the attorneys below.